CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, rescinded the order dismissing Max MRI Imaging's lien, and returned the matter to the trial level. This decision stems from the lien claimant's failure to appear at two lien trials. While the Appeals Board found the lien claimant's excuse for the initial late appearance was accepted, the second failure to appear warrants further proceedings, including potential sanctions, rather than outright dismissal. A new notice of intention to dismiss, which can also address sanctions, must now be issued.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, rescinded the order dismissing Max MRI Imaging's lien, and returned the matter to the trial level. This decision stems from the lien claimant's failure to appear at two lien trials. While the Appeals Board found the lien claimant's excuse for the initial late appearance was accepted, the second failure to appear warrants further proceedings, including potential sanctions, rather than outright dismissal. A new notice of intention to dismiss, which can also address sanctions, must now be issued.
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